House Bill 1397c1
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Florida House of Representatives - 1998 CS/HB 1397
By the Committee on Law Enforcement & Public Safety and
Representatives Rodriguez-Chomat and Fasano
1 A bill to be entitled
2 An act relating to assault and battery;
3 amending s. 784.07, F.S., relating to
4 reclassification of offenses of assault or
5 battery upon law enforcement officers,
6 firefighters, emergency care providers, or
7 other specified officers or personnel; removing
8 an obsolete reference; adding certain licensed
9 security officers for purposes of the
10 reclassified offenses; authorizing enhanced
11 penalties for the offenses of knowingly
12 committing an assault or battery, or aggravated
13 assault or aggravated battery, upon a licensed
14 security officer; authorizing minimum terms of
15 imprisonment for certain battery offenses
16 against licensed security officers; reenacting
17 s. 985.212(1)(b), F.S., relating to
18 fingerprinting and photographing, s.
19 775.0877(1), F.S., relating to criminal
20 transmission of HIV, and s. 943.051(3)(b),
21 F.S., relating to criminal justice information
22 and fingerprinting, to incorporate said
23 amendment in references; amending s. 921.0022,
24 F.S., relating to the offense severity ranking
25 chart; ranking the new offenses; raising the
26 offenses of battery of law enforcement
27 officers, firefighters, emergency medical care
28 providers, or other specified officers or
29 personnel, excluding licensed security
30 officers, from level 4 to level 6; providing an
31 effective date.
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Florida House of Representatives - 1998 CS/HB 1397
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Subsection (2) of section 784.07, Florida
4 Statutes, is amended to read:
5 784.07 Assault or battery of law enforcement officers,
6 firefighters, emergency medical care providers, public transit
7 employees or agents, or other specified officers;
8 reclassification of offenses; minimum sentences.--
9 (2) Whenever any person is charged with knowingly
10 committing an assault or battery upon a law enforcement
11 officer, a firefighter, an emergency medical care provider, a
12 traffic accident investigation officer as described in s.
13 316.640, a traffic infraction enforcement officer as described
14 in s. 318.141, a parking enforcement specialist as defined in
15 s. 316.640, or a security officer employed by the board of
16 trustees of a community college, or a licensed security
17 officer as defined in s. 493.6101(19), while the officer,
18 firefighter, emergency medical care provider, intake officer,
19 traffic accident investigation officer, traffic infraction
20 enforcement officer, parking enforcement specialist, public
21 transit employee or agent, or security officer is engaged in
22 the lawful performance of his or her duties, the offense for
23 which the person is charged shall be reclassified as follows:
24 (a) In the case of assault, from a misdemeanor of the
25 second degree to a misdemeanor of the first degree.
26 (b) In the case of battery, from a misdemeanor of the
27 first degree to a felony of the third degree.
28 (c) In the case of aggravated assault, from a felony
29 of the third degree to a felony of the second degree.
30 (d) In the case of aggravated battery, from a felony
31 of the second degree to a felony of the first degree.
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Florida House of Representatives - 1998 CS/HB 1397
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1 (3) Any person who is convicted of a battery under
2 paragraph (2)(b) and, during the commission of the offense,
3 such person possessed:
4 (a) A "firearm" or "destructive device" as those terms
5 are defined in s. 790.001, shall be sentenced to a minimum
6 term of imprisonment of 3 years.
7 (b) A semiautomatic firearm and its high-capacity
8 detachable box magazine, as defined in s. 775.087(3), or a
9 machine gun as defined in s. 790.001, shall be sentenced to a
10 minimum term of imprisonment of 8 years.
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12 Notwithstanding the provisions of s. 948.01, adjudication of
13 guilt or imposition of sentence shall not be suspended,
14 deferred, or withheld, and the defendant is not eligible for
15 statutory gain-time under s. 944.275 or any form of
16 discretionary early release, other than pardon or executive
17 clemency, or conditional medical release under s. 947.149,
18 prior to serving the minimum sentence.
19 Section 2. Subsection (19) of section 493.6101,
20 Florida Statutes, reads:
21 493.6101 Definitions.--
22 (19) "Security officer" means any individual who, for
23 consideration, advertises as providing or performs bodyguard
24 services or otherwise guards persons or property; attempts to
25 prevent theft or unlawful taking of goods, wares, and
26 merchandise; or attempts to prevent the misappropriation or
27 concealment of goods, wares or merchandise, money, bonds,
28 stocks, choses in action, notes, or other documents, papers,
29 and articles of value or procurement of the return thereof.
30 The term also includes armored car personnel and those
31 personnel engaged in the transportation of prisoners.
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1 Section 3. For the purpose of incorporating the
2 amendment to section 784.07, Florida Statutes, in references
3 thereto, the sections or subdivisions of Florida Statutes set
4 forth below are reenacted to read:
5 985.212 Fingerprinting and photographing.--
6 (1)
7 (b) A child who is charged with or found to have
8 committed one of the following misdemeanors shall be
9 fingerprinted and the fingerprints shall be submitted to the
10 Department of Law Enforcement as provided in s. 943.051(3)(b):
11 1. Assault, as defined in s. 784.011.
12 2. Battery, as defined in s. 784.03.
13 3. Carrying a concealed weapon, as defined in s.
14 790.01(1).
15 4. Unlawful use of destructive devices or bombs, as
16 defined in s. 790.1615(1).
17 5. Negligent treatment of children, as defined in
18 former s. 827.05.
19 6. Assault on a law enforcement officer, a
20 firefighter, or other specified officers, as defined in s.
21 784.07(2)(a).
22 7. Open carrying of a weapon, as defined in s.
23 790.053.
24 8. Exposure of sexual organs, as defined in s. 800.03.
25 9. Unlawful possession of a firearm, as defined in s.
26 790.22(5).
27 10. Petit theft, as defined in s. 812.014.
28 11. Cruelty to animals, as defined in s. 828.12(1).
29 12. Arson, resulting in bodily harm to a firefighter,
30 as defined in s. 806.031(1).
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1 A law enforcement agency may fingerprint and photograph a
2 child taken into custody upon probable cause that such child
3 has committed any other violation of law, as the agency deems
4 appropriate. Such fingerprint records and photographs shall be
5 retained by the law enforcement agency in a separate file, and
6 these records and all copies thereof must be marked "Juvenile
7 Confidential." These records shall not be available for public
8 disclosure and inspection under s. 119.07(1) except as
9 provided in ss. 943.053 and 985.04(5), but shall be available
10 to other law enforcement agencies, criminal justice agencies,
11 state attorneys, the courts, the child, the parents or legal
12 custodians of the child, their attorneys, and any other person
13 authorized by the court to have access to such records. These
14 records may, in the discretion of the court, be open to
15 inspection by anyone upon a showing of cause. The fingerprint
16 and photograph records shall be produced in the court whenever
17 directed by the court. Any photograph taken pursuant to this
18 section may be shown by a law enforcement officer to any
19 victim or witness of a crime for the purpose of identifying
20 the person who committed such crime.
21 775.0877 Criminal transmission of HIV; procedures;
22 penalties.--
23 (1) In any case in which a person has been convicted
24 of or has pled nolo contendere or guilty to, regardless of
25 whether adjudication is withheld, any of the following
26 offenses, or the attempt thereof, which offense or attempted
27 offense involves the transmission of body fluids from one
28 person to another:
29 (a) Section 794.011, relating to sexual battery,
30 (b) Section 826.04, relating to incest,
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1 (c) Section 800.04(1), (2), and (3), relating to lewd,
2 lascivious, or indecent assault or act upon any person less
3 than 16 years of age,
4 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
5 relating to assault,
6 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
7 relating to aggravated assault,
8 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
9 relating to battery,
10 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
11 relating to aggravated battery,
12 (h) Section 827.03(1), relating to child abuse,
13 (i) Section 827.03(2), relating to aggravated child
14 abuse,
15 (j) Section 825.102(1), relating to abuse of an
16 elderly person or disabled adult,
17 (k) Section 825.102(2), relating to aggravated abuse
18 of an elderly person or disabled adult,
19 (l) Section 827.071, relating to sexual performance by
20 person less than 18 years of age,
21 (m) Sections 796.03, 796.07, and 796.08, relating to
22 prostitution, or
23 (n) Section 381.0041(11)(b), relating to donation of
24 blood, plasma, organs, skin, or other human tissue,
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26 the court shall order the offender to undergo HIV testing, to
27 be performed under the direction of the Department of Health
28 and Rehabilitative Services in accordance with s. 381.004,
29 unless the offender has undergone HIV testing voluntarily or
30 pursuant to procedures established in s. 381.004(3)(i)6. or s.
31 951.27, or any other applicable law or rule providing for HIV
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1 testing of criminal offenders or inmates, subsequent to her or
2 his arrest for an offense enumerated in paragraphs (a)-(n) for
3 which she or he was convicted or to which she or he pled nolo
4 contendere or guilty. The results of an HIV test performed on
5 an offender pursuant to this subsection are not admissible in
6 any criminal proceeding arising out of the alleged offense.
7 943.051 Criminal justice information; collection and
8 storage; fingerprinting.--
9 (3)
10 (b) A minor who is charged with or found to have
11 committed the following misdemeanors shall be fingerprinted
12 and the fingerprints shall be submitted to the department:
13 1. Assault, as defined in s. 784.011.
14 2. Battery, as defined in s. 784.03.
15 3. Carrying a concealed weapon, as defined in s.
16 790.01(1).
17 4. Unlawful use of destructive devices or bombs, as
18 defined in s. 790.1615(1).
19 5. Negligent treatment of children, as defined in s.
20 827.05.
21 6. Assault or battery on a law enforcement officer, a
22 firefighter, or other specified officers, as defined in s.
23 784.07(2)(a) and (b).
24 7. Open carrying of a weapon, as defined in s.
25 790.053.
26 8. Exposure of sexual organs, as defined in s. 800.03.
27 9. Unlawful possession of a firearm, as defined in s.
28 790.22(5).
29 10. Petit theft, as defined in s. 812.014(3).
30 11. Cruelty to animals, as defined in s. 828.12(1).
31 12. Arson, as defined in s. 806.031(1).
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1 Section 4. Paragraphs (d) and (f) of subsection (3) of
2 section 921.0022, Florida Statutes, are amended to read:
3 921.0022 Criminal Punishment Code; offense severity
4 ranking chart.--
5 (3) OFFENSE SEVERITY RANKING CHART
6
7 Florida Felony
8 Statute Degree Description
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10 (d) LEVEL 4
11 316.1935(2) 3rd Fleeing or attempting to elude
12 law enforcement officer resulting
13 in high-speed pursuit.
14 784.07(2)(b) 3rd Battery of licensed security
15 officer as defined in s.
16 493.6101(19) law enforcement
17 officer, firefighter, intake
18 officer, etc.
19 784.075 3rd Battery on detention or
20 commitment facility staff.
21 784.08(2)(c) 3rd Battery on a person 65 years of
22 age or older.
23 784.081(3) 3rd Battery on specified official or
24 employee.
25 784.082(3) 3rd Battery by detained person on
26 visitor or other detainee.
27 787.03(1) 3rd Interference with custody;
28 wrongly takes child from
29 appointed guardian.
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1 787.04(2) 3rd Take, entice, or remove child
2 beyond state limits with criminal
3 intent pending custody
4 proceedings.
5 787.04(3) 3rd Carrying child beyond state lines
6 with criminal intent to avoid
7 producing child at custody
8 hearing or delivering to
9 designated person.
10 790.115(1) 3rd Exhibiting firearm or weapon
11 within 1,000 feet of a school.
12 790.115(2)(b) 3rd Possessing electric weapon or
13 device, destructive device, or
14 other weapon on school property.
15 790.115(2)(c) 3rd Possessing firearm on school
16 property.
17 810.02(4)(a) 3rd Burglary, or attempted burglary,
18 of an unoccupied structure;
19 unarmed; no assault or battery.
20 810.02(4)(b) 3rd Burglary, or attempted burglary,
21 of an unoccupied conveyance;
22 unarmed; no assault or battery.
23 810.06 3rd Burglary; possession of tools.
24 810.08(2)(c) 3rd Trespass on property, armed with
25 firearm or dangerous weapon.
26 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
27 or more but less than $20,000.
28 812.014
29 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
30 firearm, motor vehicle,
31 livestock, etc.
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1 817.563(1) 3rd Sell or deliver substance other
2 than controlled substance agreed
3 upon, excluding s. 893.03(5)
4 drugs.
5 828.125(1) 2nd Kill, maim, or cause great bodily
6 harm or permanent breeding
7 disability to any registered
8 horse or cattle.
9 837.02(1) 3rd Perjury in official proceedings.
10 837.021(1) 3rd Make contradictory statements in
11 official proceedings.
12 843.025 3rd Deprive law enforcement,
13 correctional, or correctional
14 probation officer of means of
15 protection or communication.
16 843.15(1)(a) 3rd Failure to appear while on bail
17 for felony (bond estreature or
18 bond jumping).
19 874.05(1) 3rd Encouraging or recruiting another
20 to join a criminal street gang.
21 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
22 893.03(1)(a), (b), or (d), or
23 (2)(a) or (b) drugs).
24 914.14(2) 3rd Witnesses accepting bribes.
25 914.22(1) 3rd Force, threaten, etc., witness,
26 victim, or informant.
27 914.23(2) 3rd Retaliation against a witness,
28 victim, or informant, no bodily
29 injury.
30 918.12 3rd Tampering with jurors.
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1 (f) LEVEL 6
2 316.027(1)(b) 2nd Accident involving death, failure
3 to stop; leaving scene.
4 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
5 conviction.
6 775.0875(1) 3rd Taking firearm from law
7 enforcement officer.
8 784.021(1)(a) 3rd Aggravated assault; deadly weapon
9 without intent to kill.
10 784.021(1)(b) 3rd Aggravated assault; intent to
11 commit felony.
12 784.048(3) 3rd Aggravated stalking; credible
13 threat.
14 784.07(2)(b) 3rd Battery of law enforcement
15 officer, firefighter, emergency
16 medical care provider, or other
17 specified officer or personnel,
18 excluding a licensed security
19 guard as defined in s.
20 493.6101(19).
21 784.07(2)(c) 2nd Aggravated assault on law
22 enforcement officer.
23 784.08(2)(b) 2nd Aggravated assault on a person 65
24 years of age or older.
25 784.081(2) 2nd Aggravated assault on specified
26 official or employee.
27 784.082(2) 2nd Aggravated assault by detained
28 person on visitor or other
29 detainee.
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1 787.02(2) 3rd False imprisonment; restraining
2 with purpose other than those in
3 s. 787.01.
4 790.115(2)(d) 2nd Discharging firearm or weapon on
5 school property.
6 790.161(2) 2nd Make, possess, or throw
7 destructive device with intent to
8 do bodily harm or damage
9 property.
10 790.164(1) 2nd False report of deadly explosive
11 or act of arson or violence to
12 state property.
13 790.19 2nd Shooting or throwing deadly
14 missiles into dwellings, vessels,
15 or vehicles.
16 794.011(8)(a) 3rd Solicitation of minor to
17 participate in sexual activity by
18 custodial adult.
19 794.05(1) 2nd Unlawful sexual activity with
20 specified minor.
21 806.031(2) 2nd Arson resulting in great bodily
22 harm to firefighter or any other
23 person.
24 810.02(3)(c) 2nd Burglary of occupied structure;
25 unarmed; no assault or battery.
26 812.014(2)(b) 2nd Property stolen $20,000 or more,
27 but less than $100,000, grand
28 theft in 2nd degree.
29 812.13(2)(c) 2nd Robbery, no firearm or other
30 weapon (strong-arm robbery).
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1 817.034(4)(a)1. 1st Communications fraud, value
2 greater than $50,000.
3 817.4821(5) 2nd Possess cloning paraphernalia
4 with intent to create cloned
5 cellular telephones.
6 825.102(1) 3rd Abuse of an elderly person or
7 disabled adult.
8 825.102(3)(c) 3rd Neglect of an elderly person or
9 disabled adult.
10 825.1025(3) 3rd Lewd or lascivious molestation of
11 an elderly person or disabled
12 adult.
13 825.103(2)(c) 3rd Exploiting an elderly person or
14 disabled adult and property is
15 valued at $100 or more, but less
16 than $20,000.
17 827.03(1) 3rd Abuse of a child.
18 827.03(3)(c) 3rd Neglect of a child.
19 827.071(2)&(3) 2nd Use or induce a child in a sexual
20 performance, or promote or direct
21 such performance.
22 836.05 2nd Threats; extortion.
23 836.10 2nd Written threats to kill or do
24 bodily injury.
25 843.12 3rd Aids or assists person to escape.
26 914.23 2nd Retaliation against a witness,
27 victim, or informant, with bodily
28 injury.
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1 944.35(3)(a)2. 3rd Committing malicious battery upon
2 or inflicting cruel or inhuman
3 treatment on an inmate or
4 offender on community
5 supervision, resulting in great
6 bodily harm.
7 944.40 2nd Escapes.
8 944.46 3rd Harboring, concealing, aiding
9 escaped prisoners.
10 944.47(1)(a)5. 2nd Introduction of contraband
11 (firearm, weapon, or explosive)
12 into correctional facility.
13 951.22(1) 3rd Intoxicating drug, firearm, or
14 weapon introduced into county
15 facility.
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17 Section 5. This act shall take effect October 1 of the
18 year in which enacted.
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